Doesn’t it bother you that you pay your taxes for doing business in the state of Arizona or whatever state you hail from, but the Wall Street players made trillions of dollars in trading securities based solely (deriving value from)upon interests in real property situated within the boundaries of your state and never reported any …
That's It: The Gloves Are Off — AZ LEADS EFFORT TO SCREW HOMEOWNERS Read More »
Pretender Lenders — read and weep. Game Over. Over the next 6-12 months the entire foreclosure mess is going to be turned on its head as it becomes apparent to even the most skeptical that the mortgage mess is just that — a mess. From the time the deed was recorded to the time the …
OHIO SLAM DUNK by Judge Morgenstern-Clarren: US BANK TRUSTEE and OCWEN Crash and Burn Read More »
Don’t get misled by titles. The wording of the statute clearly uses “verification” not validation. Verification generally means some sworn document or affidavit. This means when you contest the debt under FDCPA (in addition to sending a QWR) the party who is supposedly collecting or enforcing the debt has a duty to “obtain verification”. And …
Debtor Without Lawyer Defeats Motion for Relief from Stay, Based on Lack of Standing By Craig Andresen, Minnesota Bankruptcy Attorney on Mar 29, 2009 in Featured, Foreclosure Defense, Mortgage Issues In Bankruptcy, Mortgage Servicer Abuses A Washington bankruptcy court recently agreed with a pro se debtor that mortgage servicing agents do not possess legal standing …
Debtor Without Lawyer Defeats Motion for Relief from Stay, Based on Lack of Standing Read More »
June 24, 2009 Editorial Real Consumer Protection The federal consumer protection system failed the country, disastrously, in the years leading up to the mortgage crisis. One big cause was the sharing of responsibility for compliance with laws and regulations among several agencies that communicate poorly with each other and tend to put the bankers’ interests …
Real Consumer Protection: New York Times Gets it Right This Time Read More »
Read it and use it: judge-youngs-decision-on-nosek Challenge everything: As we have repeatedly stated, the entire position of the would-be foreclosers is a bluff and a fraud upon the court, the borrower and the system. Non-judicial process is improper procedure and unavailable for securitized mortgages: These astonishing breaches of ethics, duties and contract law together with …
Judge’s ruling deals blow to national mortgage servicer BY TIM O’REILEY A Las Vegas bankruptcy judge has dealt a blow to an obscure but critical piece of the mortgage enforcement machinery that could slow foreclosures. After a rare hearing in front of three judges last year that initially encompassed 27 cases, U.S. Bankruptcy Court Judge …
MERS Goes Down in Flames: 3 Judge Panel Rips Industry Practices Read More »
The actual certificates of asset backed securities (ABS) and in particular mortgage backed securities (MBS) were sold to investors. And they weren’t just sold, they “sold forward.” This is a form of short selling wherein the investment bank sells the security first and THEN waits until it can get the underlying mortgage and note at …
Credit Default Swaps: Effect on Foreclosure Litigation Read More »
The Judge authored a 58 page opinion ”to share my education with participants in the bankruptcy system who may be similarly unfamiliar with the extent that a third party intermediary drives the Chapter 13 process.” Opinion, p. 30.
where, as here, the debtor contests the relief sought, the flaws in the automated process become apparent. At this juncture, an attorney must cease processing files and act like a lawyer. That means she must become personally engaged, conferring with the client directly and abandoning her reliance on computer screens as an expression of her client’s will. This did not happen in this case until the Court became involved. It should not have taken judicial intervention to bring the Claim Objection to its conclusion.
Many Thanks to Ron Ryan, Esq. representing the Tucson Bankruptcy Bar for the submission below: Editor’s Note: Obama wasn’t kidding when he he said the thing that humbled or frustrated him the most was how slow Washington is to “get on board.” Dick Durbin had the class and guts to say it outright. The banks …
Time to Write to Obama, Senators and Congressman Read More »
Sen. Dick Durbin (D-Ill.) introduced legislation in the Senate Thursday which would allow homeowners in bankruptcy to renegotiate — or cramdown — mortgages with banks. His corresponding amendment to the House-passed bankruptcy reform bill is scheduled to be voted on at 2:30. (Read the whole thing.) The measure is widely expected to fail, as crucial …
Cramdown Vote: Banks Bought Senators On The Cheap Read More »
From Jose Semidey: [Editor’s Note: This is a major item that affects the core of both claims and defenses against the lenders. Any party seeking to foreclose is “admitting” that they are the holder in due course on the note or that they are the authorized agent for the HDC. Inflated appraisals greatly affect the …
Wells Fargo, Rels Conspired to Inflate Home Appraisals Read More »
The article below by Andrew Rosenfield is an excellent summary of the problems and contradictions facing the Obama administration. But it misses the same point that everyone has failed to ask about. If the intent was to sell the loans to investors and Wall Street took money for that sale, then we must assume that …
The elephant in the living room: What is the Federal Government Buying? Read More »
Too many people are looking for an easy way out and reporting that Judge’s don’t like their arguments because they are going into court saying they don’t owe the money and there is no obligation. This argument starts you off on the wrong foot and heads for disaster. The better approach is to start off …
Why Show Me The Note Matters —- kudos to the Bankruptcy Law Network By Wendell Sherk, Missouri Attorney on Mar 17, 2009 in Bankruptcy Practice and Procedure, Credit, Bankruptcy, and Society, Featured, Missouri More bankruptcy courts are demanding mortgage servicers prove they are entitled to collect on a mortgage loan note before foreclosing. The fight over …
Great Song says it All- Click to Play: Shuttin Detroit Down cnbc-airs-house-of-cards-closer-to-the-truth-but-not-quite-there-line-up-the-story-of-the-borrower-and-the-story-of-the-investor-and-they-are-the-same civil-disobedience-on-the-rise-as-sheriffs-refuse-to-serve-evictions-%E2%80%9Ci-refuse-to-leave-the-home-that-i%E2%80%99ve-worked-so-hard-to-keep-i-will-not-let-the-bank-take-my-home-and-i-will-not D-Day vet’s tale parallels mortgage meltdown Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home By Mike Stuckey Senior news editor msnbc.com Feb. 17, 2009 CERRITOS, Calif. – Questions linger here, as ripe and nagging as the odor that …
9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal …
The Mortgage Forgiveness Debt Relief Act and Debt Cancellation If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable. The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through …
Mortgage market clouds who owns woman’s house Submitted by Jose Semedey — Thank You By CARRIE TEEGARDIN The Atlanta Journal-Constitution Sunday, January 25, 2009 Twenty years ago, Zella Mae Green bought a modest brick ranch house in DeKalb County with an American ideal in mind. The single mother of four, who raised her children working …
Atlantic Article Submitted by multiple readers, I read this as soon as my issue was delivered. It’s true. And to add insult to injury, the answer to the question on everyone’s mind: Where did the money go? $350 billion disappeared down a black hole. The banks and investment banks got the money under the presumption …
WHY WALL STREET ALWAYS BLOWS IT (and where the money went) Read More »
Gump59 – Why buy performing mortgages? If they are producing income for their owners, why wouldn’t they be held onto? > ANSWER: You’d buy a performing mortgage if you thought that you were buying it at a bargain, guaranteed with Triple AAA rating. If you buy a mortgage note that has a principal balance due …
FIGURING OUT THE ECONOMICS OF OUR AMERICAN MELTDOWN FRAUD Read More »
From Comments: Literally 2 years out of Bankruptcy we were granted an 80/20 loan on stated income. I found that our appraiser, has had his license revoked for multiple violations including inflation of a property within 20 blocks of our residence. Furthermore, it was determined that an appraisal review fee was paid to First Franklin …
Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a “summary judgment” on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court’s docket contradicting their allegation. The motion is set for a hearing on January 6th which …
Motions for Summary Judgment: Just the Facts Ma'am Read More »
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